NOTICE TO USER : PLEASE READ THESE TERMS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL OF THESE TERMS. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SOFTWARE.
1. Definitions .
“Compatible System” means a PC with 2 network cards (or 1 network card plus Microsoft Loopback Adapter for testing); and supported Windows OS;
“computer” means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
“Documentation” means explanatory materials or files relating to the Software;
“ Hong Kong ” means The Hong Kong Special Administrative Region of The People’s Republic of China;
“Mark” means FirstSpot or EaseGate;
“Patronsoft” means Patronsoft Limited, a company with limited liability incorporated under the laws of Hong Kong;
“Purpose” means the tracking and securing of WLAN visitor-based networks and Wi-Fi hotspots, or track, manage and monitor company Internet activities;
“Software” means a range of FirstSpot Windows-based Wi-Fi Hotspot Management software or EaseGate proxy server licensed to you by Patronsoft pursuant to these Terms, and where the context requires shall include Documentation and Upgrades;
“Terms” means the terms and conditions contained herein;
“Updates” means upgrades, modified versions, updates and additions of the software, if any, licensed to you by Patronsoft;
“Use” or “Using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software; and
“User” means a person who Uses the Software.
2. Software License . As long as you comply with these Terms, Patronsoft grants to you a non-exclusive license to Use the Software.
- 2.1 Use. You may Use one copy of the Software on a Compatible System for the Purpose.
- 2.2 Backup copy. You may make one backup copy of the Software, provided it is not installed or used or any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software under Section 4.
3. Intellectual Property Rights . The Software and any copies that you are authorized by Patronsoft to make are the intellectual property of and are owned by Patronsoft and its suppliers. The Software is protected by copyright including without limitation the Copyright Ordinance under the laws of Hong Kong , international treaty provisions and applicable laws in the jurisdictions in which it is used. You agree not to copy the Software, except as set forth in Section 2; not to reverse engineer, decompiles, disassemble or otherwise attempt to discover the source code of the Software; and not to modify, adapt or translate the Software. Any information supplied by Patronsoft or obtained by you, as permitted hereunder, may only be Used by you for the Purpose and may not be disclosed to any 3 rd party or used to create any Software which is similar to the expression of the Software. The intellectual property rights of the Mark belongs to Patronsoft and cannot be used by the User except for identifying the Software.
4. Transfer . You may not rent, lease, sublicense or authorize all or any portion of the Software to be copied unless expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that (a) you also transfer these Terms, the Software and all other Software bundled or pre-installed with the Software, including all copies; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts these Terms and all other terms and conditions upon which you legally purchased a license to the Software.
5. Product Warranties .
- 5.1 Subject to other provisions of Section 5, Patronsoft warrants that the Software is capable of performing its functionality set forth in its related Documentation.
- 5.2 The warranty under Clause 5.1 shall be subject to the User complying with its obligations under these Terms and the limits and exclusions of liability set out in Section 6 below. In particular, the said warranty shall not apply to the extent that any defect in the Software arose or was exacerbated as a result of:
- 5.2.1 incorrect use, operation or corruption of the Software;
- 5.2.2 any unauthorized modifications or alteration of the Software; and
- 5.2.3 use of the Software with other software or on equipment with which it is incompatible.
- 5.3 To the extent permitted by applicable laws, Patronsoft:
- 5.3.1 disclaims all other warranties with respect to the Software, either express or implied, including but not limited to any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result;
- 5.3.2 makes no warranty that the Software is error free or that its use will be uninterrupted and the User acknowledges and agrees that the existence of such errors shall not constitute a breach of these Terms;
- 5.3.3 does not give any warranty in respect of third party products.
- 6.1 Save in respect of claims for death or personal injury arising from Patronsoft’s negligence, Patronsoft’s liability to the User under these Terms or for any cause whatsoever will be for direct costs and damages only and will be limited to the price paid by the User for the Software that is subject to the User’s claim.
- 6.2 Under no circumstance shall Patronsoft be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of Patronsoft whether such damages were reasonably foreseeable or actually foreseen.
7. General Provisions. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable according to its terms. Updates may be licensed to you by Patronsoft with additional or different terms. These Terms govern all aspects of the license relating to the Software ad supercede any prior representations, undertakings, communications or advertising relating to the Software.
8. Resellers . These Terms shall be adopted by resellers in selling the license to the Software to Users. If there shall be any conflict between these Terms and the terms in which a reseller shall sell a license to the Software, these Terms shall prevail.
9. Governing laws . These Terms are governed by the laws of Hong Kong and the User submits to the non-exclusive jurisdiction of the Hong Kong courts.